Certain offices of the Borough shall be filled by appointment
unless otherwise specified. Such appointments shall be made by the
Mayor, with the advice and consent of the Council, including the filling
of vacancies, which shall be for the unexpired term only. The method
of appointment shall be as provided in N.J.S.A. 40:87-16. The term
of each office shall be as provided by statute and Borough ordinances.
A.
Creation of office. There is hereby created the office of Borough
Administrator in and for the Borough of Somerville. If the holder
of such office is also the Clerk of said Borough, he shall be known
as the Borough Clerk-Administrator, but the offices of Clerk and Administrator
shall remain distinct and separate.
B.
Appointment; vacancy. The Borough Administrator shall be appointed
pursuant to the provisions of N.J.S.A. 40:87-16, to serve for the
calendar year in which he is appointed and until his successor is
appointed and qualified. Any vacancy shall be filled in the manner
of the original appointment, for the unexpired term.
C.
(Reserved)
[Repealed 4-16-07 by Ord. No. 2229]
D.
Powers and duties. It shall be the duty of the Borough Administrator,
under the supervision and control of the Mayor and Borough Council
and to the extent not prohibited by law:
(1)
To act as liaison between the Borough Council and all boards and
departments of the Borough government.
(2)
To act as agent for the Mayor and Borough Council as the administrative
officer of the Borough government.
(3)
To be responsible for the maintenance of sound personnel policies
and administrative practices and to study and make recommendations
in respect to the personnel organization and policies of the Borough
and any of its departments after consultation with department heads.
(4)
To aid in the preparation of the budget; alert department heads to
the submission of their portion thereof; and to assist individual
Councilmen in contributing their share of the responsibility for the
municipal budget.
(5)
To advise the Mayor and Borough Council on all background material
as an aid to the establishment of policy.
(6)
To study and oversee the financial procedure and policy of the Borough
and its departments after consultation with department heads.
(7)
To edit and compile public information releases upon instruction
from the Mayor and/or Borough Council and to advise the Mayor and
Borough Council on matters affecting public relations.
(8)
To attend all public and executive meetings of the Borough Council.
(9)
To perform such other duties as may be from time to time specifically
assigned to him by the Mayor and Borough Council.
F.
Relationship with other officials, boards and commissions. Nothing
herein contained shall derogate from the powers and duties of the
elective, appointive or other officials of the Borough of Somerville
or of the boards and commissions thereof established pursuant to law.
[Added 5-18-89 by Ord. No. 1062]
A.
There is hereby created the office of Deputy Borough Administrator
in and for the Borough of Somerville. If the holder of such office
is also the Deputy Clerk of said Borough, he shall be known as the
"Borough Deputy Clerk-Administrator"; but the offices of both the
Deputy Clerk and Deputy Administrator shall remain distinct and separate.
B.
The Deputy Borough Administrator shall be appointed pursuant to the
provisions of N.J.S.A. 40A:9-135 to serve for the calendar year in
which any vacancy shall be filled in the manner of the original appointment
for the unexpired term.
C.
The Deputy Borough Administrator need not be a resident of the Borough
of Somerville.
D.
It shall be the duty of the Deputy Borough Administrator, under the
supervision and control of the Mayor and Borough Council and to the
extent not prohibited by law, to:
(1)
Act as the chief administrative officer in the absence of the Clerk-Administrator
and be responsible for and fulfill all the duties set forth by the
Mayor and Council and state statute.
(2)
Act as deputy liaison between the Borough Council and all boards
and departments of the Borough government.
(3)
Act as agent for the Mayor and Borough Council, as the Deputy Administrative
Officer, of the Borough government.
(4)
Be of assistance to the Clerk-Administrator and be responsible for
the maintenance of sound personnel policies and administrative practices
and study and make recommendations in respect to the personnel organization
and policies of the Borough and any of its departments, after consultation
with department heads.
(5)
Aid the Clerk-Administrator in the preparation of the budget, alert
department heads to the submission of their portion thereof and assist
independent Councilmen in contributing their share of the responsibility
for the municipal budget.
(6)
Assist in the advisement to the Mayor and Borough Council on all
background material as an aid to the establishment of policy.
(7)
Assist in the study and oversight of the financial procedure and
policy of the Borough and its departments, after consultation with
department heads.
(8)
Assist in the editing and compilation of public information releases
upon instruction from the Mayor and/or Borough Council and advise
the Mayor and Borough Council on matters affecting public relations.
(9)
Attend all public and executive meetings of the Borough Council in
absence of the Administrator.
(10)
Perform such other duties as may be from time to time specifically
assigned to him/her by the Mayor and Borough Council.
F.
Nothing herein contained shall derogate from the powers and duties
of the elective, appointive or other officials of the Borough of Somerville
or of the Boards and Commissions thereof established pursuant to law.
A.
Appointment, qualifications and compensation. (N.J.S.A. 40A:9-133
and 9-134) The Mayor, with the advice and consent of Council, shall
appoint a Borough Clerk for the term prescribed by law. Prior to his
appointment, he shall have been qualified by training and experience
to perform the duties of his office. He shall serve as the Clerk of
the Council and have such other functions, powers and duties as are
provided by law. He shall acquire tenure of office after five (5)
years of continuous service and as provided by law. The compensation
of the Borough Clerk shall be as set forth in the annual Salary Ordinance.[1]
B.
Employees in office of Clerk. The number and type of employees in
the Borough Clerk's office shall be as determined by the Mayor and
Council.
C.
Issuing authority for bingo and raffle licenses. The Municipal Clerk
shall act as the issuing authority for bingo and raffle licenses.
[Added 10-4-10 by Ord. No. 2334]
B.
Powers and duties. The Deputy Borough Clerk shall be under the immediate
supervision of the Borough Clerk and shall have all the powers and
perform all of the duties of the Borough Clerk during such times and
for such specific periods as the Borough Clerk shall be absent, together
with any other duties assigned by the Borough Clerk or required by
any ordinance of the Borough of Somerville.
C.
Filing of vacancies. In the event that the office of the Deputy Borough
Clerk shall become vacant during the term, the same shall be filled
by the appointment by the Mayor of a successor, with the advice and
consent of the Borough Council.
There shall be a Judge of the Municipal Court of the Borough
of Somerville. He shall be appointed by the Mayor, with the advice
and consent of the Council, and shall serve for three (3) years and
until his successor has been appointed and qualified.
The Borough Attorney shall be appointed by the Mayor, with the
advice and consent of the Council, but need not serve full time and
shall be compensated by such retainer as shall be approved by the
Council. He shall serve for a term of one (1) year as provided by
N.J.S.A. 40A:9-139.
A.
Office created. There is hereby created the office of Borough Prosecutor,
who shall be an attorney-at-law of the State of New Jersey, appointed
according to law. The term of office of the Borough Prosecutor shall
be one (1) year.
B.
Compensation. The Borough Prosecutor shall be paid a retainer as
may from time to time be provided by ordinance, and, in addition thereto,
shall be paid for additional services performed by him as and when
bills are presented to and approved by the Borough Council of the
Borough of Somerville.
C.
Duties. It shall be the duty of the Borough Prosecutor to prosecute
causes before the Municipal Court of the Borough of Somerville and
to represent the interest of the Borough of Somerville in the prosecution
of any appeal resulting from a conviction in the Municipal Court of
the Borough of Somerville, unless otherwise directed by Borough Council.
D.
Office reconstituted. The Office of Municipal Prosecutor for the
Municipal Court of the Borough of Somerville is hereby reconstituted
pursuant to, and in accordance with the provisions of, N.J.S.A. 2B:12-27.
[Added 8-18-97 by Ord. No. 2034]
The Borough Treasurer shall be appointed by the Mayor, with
the advice and consent of the Council. He shall hold office for one
(1) year. The salary of the Borough Treasurer shall be as set forth
in the annual Salary Ordinance.[1] The Mayor and Council may grant tenure in office to any
person who hall have held the office of Borough Treasurer for ten
(10) consecutive years, as provided by N.J.S.A. 40A:9-152.
A.
Appointment, term and salary. An Assistant to the Borough Treasurer
shall be appointed by the Mayor, with the advice and consent of the
Council. He shall hold office at the pleasure of the Council. The
salary of the Assistant to the Borough Treasurer shall be as set forth
in the annual Salary Ordinance.[1]
B.
Powers and duties. The Assistant to the Borough Treasurer shall be
subordinate to the Borough Treasurer and shall perform such duties
as may be required of him by the Borough Treasurer within the confines
of the duties required of said office. He shall have the power to
do all and every act or acts which it may be lawful for the Borough
Treasurer to do in connection with the duties of his office.
A.
Appointment, term and salary. An assistant to the Collector of Taxes
shall be appointed by the Mayor, with the advice and consent of the
Council. He shall hold office at the pleasure of the Council. The
salary of the Assistant to the Collector of Taxes shall be as set
forth in the annual Salary Ordinance.[1]
B.
Powers and duties. The Assistant to the Collector of Taxes shall
be subordinate to the Collector of Taxes and shall perform such duties
as may be required of him by the Collector of Taxes within the confines
of the duties required of such office. He shall have the power to
do all and every act or acts which it may be lawful for the Collector
of Taxes to do in connection with the duties of his office.
A.
Appointment. The Municipal Engineer shall be appointed by the Mayor,
with the advice and consent of the Council.
B.
Qualifications. To be eligible for appointment, the appointee shall
hold a degree in civil engineering from a recognized college of engineering
and be licensed in the State of New Jersey as a professional engineer.
C.
Duties. The Municipal Engineer shall perform the duties as required
by law and the ordinances of the Borough of Somerville.
D.
Term. The term of office of the Municipal Engineer shall be for one
(1) year unless otherwise provided by law.
[Added 5-1-89 by Ord. No. 1061]
A.
There shall be a Chief Financial Officer of the Borough appointed
by the Borough Council upon recommendation of the Borough Administrator,
who shall serve at the pleasure of the governing body. The Chief Financial
Officer may, but need not, be a person who is also employed by the
Borough in another capacity.
B.
Duties of the Chief Financial Officer. The Chief Financial Officer
shall carry out the responsibilities set forth under P.L. 1947, c.
151 (N.J.S.A. 52:27BB-26 et seq.).
C.
Compensation. Compensation for the Chief Financial Officer shall
be established by ordinance. When the Treasurer is appointed to simultaneously
serve as Chief Financial Officer, such person shall receive no additional
compensation for serving as Chief Financial Officer beyond the salary
established by ordinance for the Treasurer's position.
A.
Offices created; term and salary. The offices of Building Inspector
and Deputy Building Inspector are hereby created. Such Building Inspectors
shall be appointed by the Mayor, by and with the consent of the Council,
for a term of one (1) year. The Deputy Building Inspector shall act
during the absence or disability of the Building Inspector. The salary
of the Building Inspector and Deputy Building Inspector shall be as
set forth in the annual Salary Ordinance.[1]
B.
Powers and duties. The Building Inspector shall:
(1)
Except as otherwise specifically provided by law, ordinance or regulation,
or expect as herein otherwise provided, administer and enforce all
the provisions of laws, ordinances and regulations applicable to the
construction, alteration, repair, removal and demolition of buildings,
structures and signs, and the installation and use of materials and
equipment therein, and the location, use, occupancy and maintenance
thereof.
(2)
Receive applications and issue permits for the erection, alteration,
removal and demolition of buildings, structures and signs or parts
thereof, and examine the premises for which such applications have
been received or such permits have been issued, for the purpose of
ensuring compliance with laws, ordinances and regulations governing
building construction.
(3)
Issue all appropriate notices or orders to remove illegal or unsafe
conditions in buildings or upon lands, to require the necessary safeguards
during construction and to ensure compliance during the entire course
of construction with the requirements of such laws, ordinances or
regulations. He shall make all inspections which are necessary or
proper for the carrying out of his duties.
(4)
Require, with the consent of Council, whenever the same may be necessary
or appropriate to assure compliance with the provisions of applicable
laws, ordinances or regulations covering building construction, the
performance of tests in the field by experienced, professional persons
or by accredited and authoritative testing laboratories or service
bureaus or agencies.
(5)
Keep comprehensive records of applications, permits issued, certificates
issued, inspections made, reports rendered and notices or orders issued.
He shall retain on file copies of required plans and all documents
relating to building work so long as any part of the building or structure
to which they relate may be in existence. He shall make all such records
available to public inspection for good and sufficient reason and
upon reasonable notice, but shall not allow records to be removed
from his office without his written consent.
(6)
Make written reports to the Mayor and Council once each month, or
more often if requested, on the activities of his office for the preceding
month, including permits and certificates issued, fees collected,
orders and notices promulgated, inspections and tests made and appeals
or litigation pending.
C.
Liability. The Building Inspector, acting in good faith for the Borough
in the discharge of his duties, shall not thereby render himself liable
personally, and he is hereby relieved from all personal liability
for any damage that may accrue to persons or property as a result
of any act required or by reason of any act or omission in the discharge
of his duties. Any suit brought against the Building Inspector because
of such act or omission performed by him in the enforcement of any
ordinance shall be defended by the Borough Attorney until final termination
of the proceeding.
D.
Cooperation of other officials. The Building Inspector may request
and shall receive, so far as may be necessary in the discharge of
his duties, the assistance and cooperation of other officials of the
Borough.
E.
Right of entry. The Building Inspector, in the discharge of his official
duties and upon proper identification, shall have authority to enter
any building, structure or premises at any reasonable hour.
A Clerk of the Municipal Court shall be appointed by the Mayor,
with the advice and consent of the Council. He shall hold office at
the pleasure of the Council. The Clerk of the Municipal Court shall
receive an annual salary to be determined by the Mayor and Council,
which shall be paid in the same manner as the salaries of other municipal
officers are paid and which shall be in lieu of all fees, costs and
other allowances whatsoever. He shall perform such functions and duties
as shall be prescribed for him by the law, the court rules applicable
to municipal courts and by the Judge of the Municipal Court. (N.J.S.A.
2A:8-13)
A Violations Clerk of the Municipal Court shall be appointed
by the Municipal Judge. He shall hold office for a term of one (1)
year. The Violations Clerk shall receive an annual salary to be determined
by the Mayor and Council, which shall be paid in the same manner as
the salaries of other municipal officers are paid and which shall
be in lieu of all fees, costs and any other allowances whatsoever.
He may be required to enter into a bond in favor of the Borough of
Somerville in such amount as may be prescribed by the Mayor and Council,
which bond shall be approved as to form and surety by the Borough
Attorney and shall be filed with the Borough Clerk. The Violations
Clerk shall keep the docket of the Municipal Court; send out such
notices as the Judge of the Municipal Court shall order; collect fines
from persons convicted of violations of any regulation, ordinance
or law in the Municipal Court; keep records of postponements of court
appearances and perform such other duties as may be prescribed by
law, the court rules applicable to municipal courts and by the Judge
of the Municipal Court.
A.
Appointment. There is hereby created the position of Code Enforcement
Officer, who shall be appointed by the Mayor with the consent of the
Borough Council.
B.
Inspections. It shall be the duty of the Code Enforcement Officer
to inspect the Borough of Somerville for the purpose of ascertaining
the existence of any violations of municipal ordinances, specifically
but not limited to zoning, building, health, shade tree regulations,
soil removal, trash and weeds and licensing. Such inspections shall
be made by said Officer as frequently as may be necessary to ensure
compliance with the Borough ordinances.
C.
Report of violation; enforcement. Upon observation of a violation
of any of the above ordinances or any other ordinance of the Borough
of Somerville, the Code Enforcement Officer shall make a report of
same, in writing, to the officer charged with the enforcement of said
ordinance. A copy of said report shall also be submitted to the Borough
Clerk. The officer charged with enforcing the particular ordinance
shall advise the Code Enforcement Officer and the Borough Clerk, in
writing, of the action taken by the officer designated by the ordinance
for enforcement within five (5) days of the receipt of the notice
of violation from the Code Enforcement Officer.
D.
Right of entry. The Code Enforcement Officer shall have the power
to make or cause to be made an entry into any building or premises
wherein an alleged violation may exist.
E.
Term of office. The Code Enforcement Officer shall hold office for
a term of one (1) year or until his successor is appointed and qualified,
unless otherwise provided by ordinance. Unless otherwise provided,
the term of office shall expire on December 31 of each calendar year
following the appointment.
F.
Records. All records kept by the Code Enforcement Officer shall be
open to inspection by the Borough Council and the general public at
all reasonable times, whether or not such records are required to
be kept by statute or ordinance.
G.
Oath required. Every Code Enforcement Officer shall, before entering
upon his duties, take the oath prescribed by law.
I.
Public documents. Every Code Enforcement Officer, upon the expiration
of his term for any cause whatsoever, shall deliver to his successor
all books and records which may be the property of the Borough, and
if no successor has been appointed within one (1) week after the expiration
of such term, such property shall be delivered to the Borough Clerk.
There shall be a Borough Auditor appointed by the Mayor and
Council, who shall be a registered municipal accountant. The Auditor
and the Borough shall enter into a contract of employment not to exceed
one (1) year in duration. The contract shall provide for those additional
duties and obligations of the Auditor not contained in this Code,
required by law and desired by the Mayor and Council, and shall provide
for the compensation to be paid to the Auditor during the term of
the contract.
A License Clerk may be appointed at any regular meeting of the
Borough Council, who shall be authorized to issue the licenses required
by any of the ordinances of the Borough heretofore adopted or hereafter
to be adopted. His compensation therefor shall be determined by ordinance
of the Council at any meeting, and his term of office shall be at
the pleasure of the Council. All license certificates shall be signed
by him except as may be otherwise provided for in any of the ordinances
of the Borough, and he shall receive and pay over to the Borough Treasurer
all license fees.
The Planning Board of the Borough of Somerville shall, by contract,
engage the services of a planning consultant to render certain technical
and professional consulting services which shall be limited to the
following:
A.
Professional planning consultation and advice at Planning Board meetings
as requested by the Board.
B.
Review of the planning elements of subdivision plats and site development
plans referred by the Board.
D.
Advice on matters of a planning nature referred to the Board by the
governing body or other public agency.
[Added 8-18-97 by Ord. No. 2034]
A.
Office created. The Office of Public Defender for the Municipal Court
of the Borough of Somerville is hereby established pursuant to N.J.S.A.
2B:12-28. Said office shall be subject to the administrative supervision
of the Municipal Court Judge. The Public Defender shall receive such
compensation as shall be fixed by the Mayor and Council in accordance
with law.
B.
Appointment, term and qualifications. The Public Defender shall be
appointed by the Mayor with the advice and consent of the Council
to serve for a term of one (1) year commencing January 1 of each year
and until a successor shall have been appointed and qualified. Any
vacancy in the Office of Public Defender shall be filled for the balance
of the unexpired term. The Public Defender shall be an attorney-at-law
of the State of New Jersey and shall possess such other qualifications
as may be required by law.
C.
Duties. The Public Defender shall represent such indigent defendants
in the Municipal Court as shall be designated by the Court and shall
perform such other duties as may be required by law.
D.
Application fees. Any person applying for representation by the Public
Defender shall, upon the filing of any such application, pay an application
fee of not more than two hundred dollars ($200), but only in an amount
necessary to pay the costs of Municipal Public Defender services;
provided, however, the Municipal Court may waive the application fee,
in whole or in part, it if is determined by the Court, in its discretion,
that imposition of the application fee would impose an unreasonable
financial burden on the person seeking representation.
[Added 11-3-97 by Ord. No. 2042]
